VIJAY SHANKAR SRIVASTAVA Vs. SUNIL KUMAR

JUDGEMENT

(1.) The petitioners have filed this application under Section 482 Cr.P.C for invoking extraordinary jurisdiction of this Court, and to quash the proceeding of the Criminal Case No. 1411/2012, pending before J.M.F.C, Betul, for offence under Sections 420, 406 and 418 of I.P.C.

(2.) Bereft of the unnecessary details the facts just requisite for disposal of this petition are that the respondent-Sunil Kumar was a student of Om Ayurved Medical College, Betul. He deposited fee of Rs. 15,000/- on 16.12.2009, Rs. 10,000/- on 20.12.2009, Rs. 79,000/- on 28.06.2010 and Rs. 35,000/- on 14.02.2011. The petitioner filed a criminal complaint case before J.M.F.C, Betul, alleging that the petitioner has also deposited Rs. 35,000/- on 20.12.2009. The Central Council of India, Department of Ayush has de-recognised the Om Ayurvedic Medical College, Betul being run by the petitioners/accused persons. The petitioners even after de-recognization has demanded and got the complainant deposit tuition fee of Rs. 35,000/- knowing very well that the institution has been de-recognised. The petitioners/accused persons have committed offence under Sections 406, 417, 418, 420, 425 of I.P.C. The learned J.M.F.C has taken cognizance of the offence after the preliminary evidence and, subsequently, framed charge on 31.10.2017, for offence under Sections 420, 406 and 418 of I.P.C against the petitioners.

(3.) The petitioners have assailed the order of taking cognizance and the charges framed in the Criminal Complaint Case No. 1411/2012, pending before the J.M.F.C, Betul on the ground that the petitioners are innocent. The grievance of the complainant/respondent is that he deposited Rs. 35,000/- after the de-recognization of the institution. But the petitioners came to know about the de-recognization only after they received the letter dated 27.06.2011. Therefore, on 20.12.2009 the amount of Rs. 35,000/- has been deposited. It is not deposited after the said letter has been received by the office of Om Ayurved Medical College.